6 research outputs found
Trends in Compulsory Licensing of Pharmaceuticals Since the Doha Declaration: A Database Analysis
Reed Beall and Randall Kuhn describe their findings from an analysis of use of compulsory licenses for pharmaceutical products by World Trade Organization members since 1995
EU and WTO Regulatory Approaches to Renewable Energy Subsidies: Negative and Positive Integration
This paper compares how the EU and the WTO have grappled with balancing the negative (trade-distortive) and positive (climate change-mitigation) effects of renewable energy (RE) subsidies. It first shows that, although both subsidy control regimes share some basic tenets of negative integration (i.e. prohibiting trade-distortive RE subsidies), EU State aid law is comparatively more constraining on governmentsâ space to support green energy in both substantive and procedural/institutional terms. It then argues that the more negative integration is strictly framed and implemented, the greater the need for positive integration (i.e., sheltering trade-distortive but climate-friendly RE subsidies under certain conditions). This, in turn, goes a long way in explaining why the EUâs regulatory model is also distinct for having progressively established a set of common rules on permissible âgoodâ RE subsidies. With this in mind, the paper assesses the extent to which the absence of a comparable positive integration dimension in the WTO legal framework exposes RE subsidies to the risk of WTO-illegality. It finally argues that while comparing the two regimes may be useful from a theoretical standpoint, a transposition of the EUâs positive integration approach to the WTO is not desirable for a variety of legal, political and institutional reasons